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{1922 \ 
Copy 2 



THE UNJUDICIAL JUDGE 



THE UNJUDICIAL JUDGE 



Copyright, 1922, hy 
Henry H. Harper 



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THE UNIVERSITY PRESS, CAMBRIDGE, TJ. 8. A, 



'VHIS little play is affec- 
tionately dedicated to 
the one who commanded 
me to write it^ and who 
has been generous enough 
to say that she likes it, 
viz., — my wife. 

H.H.H. 



nurse to wait outside. He approaches the Judge 
Advocate General and taps him on the shoulder. 
The Judge awakes, stretches, yawns, looks about, 
then reaches over and extinguishes the light. 

Captain. — I beg your pardon for disturbing 
your nap. Only a matter of the most urgent 
importance could have induced me to intrude 
upon you at this early hour. But I ^m glad to 
find you up and dressed. 

Judge. — [With a yaiun] Yes, those thundering 
guns woke me up long before daybreak, and as I 
had a lot of unfinished work left over from yes- 
terday, I got up early. [Gathers up papers, throws 
them on table and looks up at his caller] I must 
have dozed off reading these dull dispatches. 
What is it that stirs you so early? 

Captain. — The case of a young private sen- 
tenced to be shot at sunrise this morning. 

Judge. — [Petulantly] Well, what about it? 
Were n't the proceedings regular — and did n't 
he have a fair trial? 

Captain. — Yes, fair enough in the light of all 
we knew at that time. But late last night I learned 
of some facts of an extenuating nature, — from the 
nurse who had charge of his case in the base hos- 
pital a few weeks ago. 

[6] 



Judge. — H-m! A girl in the case, eh? I pre- 
sume [sneerijigly] she is good-looking, and proba- 
bly in love with him? 

Captain. — I observed that she was consider- 
ably agitated when she arrived at my quarters last 
night, but as to her being in love with the young 
man, I cannot say. 

Judge. — Was she a witness at the trial? 

Captain. — ^ No. She said it was only two days 
ago that she first heard of his arrest and conviction. 
Not being able to get a horse or other conveyance 
she managed to get an escort and came, through 
mud and rain, nearly thirty miles on foot, with 
scarcely a morsel of food or a wink of sleep. 

Judge. — [Yawning and rubbing his eyes] H-m! 
Sounds like the adventures of Prascovia when she 
walked from Siberia to St. Petersburg to get a par- 
don for her banished father. 

Captain. — Yes, and I hope this brave girl's 
efforts may be as well rewarded. [Speaks with ner- 
vous rapidity, and consults his watch] She arrived 
at my quarters at eleven o'clock last night, all wet 
and bedraggled, and she brings us new and im- 
portant evidence. It appears that about four 
months prior to his trial this prisoner was badly 
wounded in action and was taken to her ward in 
the hospital. She says that when he was dis- 

[7] 



charged from there he was still very weak, and 
although unfit for service he insisted on going back 
to his regiment. Within a few days he was placed 
at an outpost on sentinel duty, and in his ex- 
hausted condition he fell asleep. It was for that 
offence that he was tried and convicted. [Shows 
increasing agitation and again looks at his watch] 
We have only a few minutes in which to act, and 
I strongly recommend that you revoke the or- 
der for the execution and suspend his sentence 
until we can consult the hospital authorities and 
see if they corroborate the girl's story. He 's a 
mere lad of twenty, and in view of the facts I regret 
to say that it was I who prosecuted him. I feel 
sure that we were too hasty in convicting him 
without enquiring more carefully into his army 
record, and taking into consideration his tender 
age and physical condition. We noticed that he 
was very pale and emaciated, but knowing nothing 
of his wound, we attributed that to fright. During 
his trial he never even mentioned his physical dis- 
ability. As I review the case in my mind I am 
convinced that on account of his great suffering 
he had about lost interest in life; he seemed dazed 
and unconcerned. He could have pleaded his 
weakened condition as an excuse for the offence, 
but he did n't see fit to resort to that measure. 

[8] 



Judge. — [In a growling tone] Probably because 
he was n't really ill at all. More likely he was 
drunk! Wounds don't make men sleepy; but 
whiskey does. 

Captain. — [Who has been walking uneasily hack 
and forth, halts suddenly — behind the judge — and 
casts a quick side-glance at the bottle on the table] 
Yes, so I have sometimes observed; but in this case 
the evidence showed that the prisoner never uses 
liquor. 

Judge. — His own testimony, I suppose? As 
for the girl, she is no doubt interested in him, and 
has made up more than half of this likely yarn to 
save him. But duty is duty! And this is no time 
or place for sentimental considerations. There has 
been altogether too much of this going to sleep on 
post duty, and it's time we made a salutary ex- 
ample of someone for the good of the service. In- 
stead of lowering the standard of efficiency [rises 
and stands erect] I propose to raise it! 

Captain. — A very laudable ambition; and I 
heartily applaud your purpose. But I should be 
sorry to make an example of this brave young lad, 
who meets his fate like a Spartan. He frankly 
admitted the charge against him, and he never 
flinched when the death sentence was pronounced. 

Judge. — It's a clear case of criminal disobedi- 

[9] 



ence; he admits his guilt, and nothing remains but 
to apply the penalty prescribed by military law. 

Captain. — But these extenuating circum- 
stances would unquestionably have mitigated his 
crime in the eyes of his judges had they known of 
them. Surely no violence could result to the ser- 
vice if the execution were postponed a few days 
pending further investigation. 

Judge. — Procrastination is the enemy of jus- 
tice; it is the desideratum of all criminals. Wit- 
nesses die or disappear and through delay the 
guilty tire out the law, and go free. 

Captain. — But in this case it is not the pris- 
oner who makes the appeal. It is the prosecution 
that seeks to correct an injustice. 

The fact that we are in a foreign country does 
not, I believe, rob the prisoner of certain legal rights 
that could not be denied him at home ; but of course 
it would be the rankest presumption on my part 
to dispute these points with you, as you are doubt- 
less familiar with the law. [The Captain scruti- 
nizes the Judge^s face thoughtfully, and seems at a 
loss for some more effective argument] And by the 
bye, it may interest you to know that this young 
lady belongs to a highly influential American fam- 
ily ; and judging from the courage and interest she 
has already shown, she is not likely to let the mat- 

[10] 



ter drop without making the most of it in news- 
paper circles. They rarely miss an opportunity 
to exploit a sensational case, and it may — this 
salutary example may react upon us when the facts 
become public. 

Judge. — React on us! I had no part in his 
trial. Was he not adjudged guilty by competent, 
fair-minded judges, was he not defended by able 
counsel? And, come to think of it, where is his 
counsel? Is it necessary that the prosecutor should 
both prosecute and defend? 

Captain. — But the new facts were disclosed 
only last night, a few hours ago, and there has been 
no time in which to notify his counsel. [The nurse, 
with uniform torn and bespattered, rushes in past the 
guxird, who follows her, catches her by the arm and 
attempts to eject her. The Captain motions him away, 
and releasing her, the guard returns to his post. She 
stares at the Captain with a frightened, questioning 
look. His face betrays disappointment. She appeals 
to the Judge] 

Nurse. — Oh, surely, surely you won't let 
them murder this poor innocent boy! 

Judge. — Innocent boys are seldom condemned 
to death. Ten guilty men escape punishment, in 
defiance of justice, for every innocent one that is 
convicted. 

[Ill 



Nurse. — Then because ten such guilty men 
have escaped, must this one be shot to appease 
the law's vengeance? 

Judge. — Some sweetheart of yours, is he? 

Nurse. — Yes, — but that shouldn't be held 
against him. He does n't even know that I really 
care for him. I nursed him at the hospital — he 
was terribly wounded when they brought him 
there. He was delirious for days and did n't know 
his own name, and could n't tell where his home 
was or who his parents were. He was sent away 
too soon — to make room for others — before he 
had recovered his strength. He should have re- 
mained at least another month. I helped him 
down the steps when he left the hospital, and he 
was ill then. He had been out of bed only three 
days when — 

Judge. — [Interrupting with a wave of his hand] 
You should make such complaints to the hospital 
authorities, not to me. I have no jurisdiction 
there. 

Nurse. — [Continues unshaken] But you have 
jurisdiction here. I know he was ill when he was 
arrested, because the wound was not even healed. 
I dressed it the morning he left, and he was so 
dizzy he could scarcely walk alone. I begged him 
not to go back so soon, all bandaged up as he was, 
[121 



but he insisted. He said they needed him — he 
must go. Only ten days after that he was arrested 
— think of it, only ten days! and his wound still 
unhealed ! Probably he did n^t even have anyone 
to dress it. [She wipes the tears from her eyes] Oh, 
he never knew how it hurt me to see him suffer, 
and how eagerly I watched over him night after 
night while he slept. He used to start up suddenly 
in his sleep and almost cry out with pain, then he 
would lie back and saj^, " Oh, it's nothing, nothing; 
I '11 soon be all right." He was so patient, so noble, 
so brave through it all. And now they are going to 
kill him ! You can't, you must n't, you sha'n't 
kill this poor wounded boy without giving him a 
fair trial ! Please, please — send an order quick, or 
they'll shoot him! I just saw the firing-squad 
forming, and I hurraed in so you could stop them. 
A word from you will save him. — But quick! 
quick! or you '11 be too late! You have only a few 
minutes. [Looking up from one to the other] Oh, 
why does n't someone act or do something! You 
all seem so cold and unconcerned, as if a worthless 
cur were being shot, instead of a brave soldier, — 
and one of your very first volunteers too! He was 
under age — they could n't even have drafted 
him. 
Judge. — [Calmly lights a cigarette, and after a 
fl31 



puff or two, contemplates it with unruffled serenity] 
Compose yourself, young lady; you are worthy of 
a better man. [The guard appears at doorway j 
salutes and stands at attention] 

Judge. — Well, what is it? 

Guard. — A messenger from the prison quar- 
ters. 

Judge. — Let him wait. I 'm engaged. 

Guard. — But he 's in a great — 

Judge. — [Impetuously] But nothing! I '11 not 
be interrupted. 

Guard. — [Insistently] But he says he '11 see 
you anyway if — 

Judge. — [Savagely] You have your orders. 
Obey them I [Guard salutes and goes out] 

Judge. — [Addressing nurse] In civil life your 
plea would be very touching; it might even have 
swayed the immovable Caesar himself. But this is 
a military affair. We are at war. The lives of 
thousands are in constant jeopardy; and one 
soldier's unfaithfulness to duty may sacrifice a 
whole regiment, — yes, a whole army. What is 
one life, compared to tens of thousands? This boy 
well knew the seriousness of his offence before he 
committed it. It is my duty to see that existing 
laws are enforced; not to make new ones to fit in- 
dividual cases. No, I can do nothing for you. I 

[14] 



have enough to do, without reviewing cases that 
have been properly tried and closed, — where con- 
viction has resulted from their own voluntary con- 
fession of guilt, as in this case. Other boys in the 
service have mothers, fathers, wives and sweet- 
hearts at home, but all these considerations are 
secondary to military duty. If they fail in that, 
then [striking the table with his clenched fist] — then 
they must pay the penalty! 

NuKSE. — [Coaxingly] Other great men in your 
position have shown mercy and consideration in 
such cases. Can't you — won't you — please re- 
view just this one case, and give him another 
chance? He could n't help it, — I tell you he was 
still weak — he couldn't help it! He was too 
brave and manly to plead his ailment in his own 
defence. But I will testfy that he was weak and 
emaciated from loss of blood, and was unfit for 
duty. He was wounded in the chest — with his 
face to the enemy — a great gaping shell wound 
just over the heart — and he lay bleeding on the 
battlefield for nine long hours, without a drop of 
water, before being picked up ! And now his own 
comrades — his own countrymen — reward him 
with a fiendish sentence that a heartless, barbarous 
enemy would blush to carry out! He deserves a 
badge of honor instead of a disgraceful death. 

[15] 



Better had he died on the field; he would at least 
have received honorable mention. Imprison him ; 
torture him if you must, but spare his life! That 
belongs to God, and you have no right to take it. 
[She approaches the Judge and extending her arms 
she looks him squarely in the eyes] P-1-e-a-s-e 
don't let them do it! Oh if you would only see 
him and talk with him, you would know how 
innocent he is of any wrong; you would never 
permit it — never! You would show them that 
they are wrong; that you are bigger and nobler 
than they. You have the opportunity here of 
doing one of the grandest deeds of your life — of 
becoming a veritable Lincoln. Just think! you 
hold this boy's precious young life in your hands, 
and with one word you can save it. Think what 
a great service your position enables you to per- 
form for him, for his parents, for me, for humanity! 
You will never have a case where clemency can 
be more worthily bestowed, or more gratefully 
received. It will be one of the biggest things 
you ever did, and God will amply reward you 
for it, both here and in after life. Oh won't you 
please suspend that sentence? 

[She hesitates for a moment, hoping for some re- 
tenting word or sign. The judge nervously fingers 
the papers on the table, hut otherwise he appears 
[16] 



unmoved. After a breathless pause she continues] 
''Suppose you had a son in a far-off land, among 
strangers, condemned to be shot like a dog and 
buried in a ditch, would you then have some 
feeling for this boy and his grief-stricken parents? 

Judge. — [Draws himself up haughtily] Your 
supposition is absurd. I am a soldier; a son of 
mine could not be guilty of such an offence. 

Nurse. — [Turning to Captain] Is there nothing, 
nothing you can do? Last night you seemed con- 
vinced that there was hope. Are you now so 
helpless? 

Captain. — I ^m afraid so, my dear j^oung lady. 
My appeal, though somewhat less impassioned 
than yours, was no less insistent. 

Judge. — And I should fail in my sworn duty 
if I allowed myself to be swayed and the course 
of justice turned aside by such flimsy appeals, 
based purely on sentiment and personal interest. 
Even without knowing that the Captain's plea 
was inspired by your sentimental persuasiveness 
— as it doubtless was — I decHned to be moved 
by it. Love is both blind and selfish; and yours 
blinds you to every consideration except that of 
sympathy. I can only say, it is unfortunate 
that you should have sacrificed your affections 
on so unworthy an object; but the law must 
[17] 



be respected, regardless of your interests or 
mine. 

[Nurse starts suddenly, goes to entrance of tent 
and listens. The tramp of soldiers is heard in the 
distance. She turns distractedly to the Judge] 

Nurse. — Oh! oh! they 're going to kill him! 
[She throws herself on her knees at Judge^s feet] 
Stop them ! Please stop them ! They must not do 
it! It 's murder! [Rises to her feet, looks searchingly 
into the Judge^s eyes, and observing no sign of re- 
sponsiveness there, her supplicating manner changes 
to that of angry incrimination, with the last vague 
hope of achieving by threats what she failed to ac- 
complish by persuasive measures] A man may be a 
true soldier and yet have the heart of a human 
being; but not you — you are heartless! It is not 
your sense of duty, but your disregard of duty, 
that makes you so hard. You have neither feeling 
nor sense of justice. You yourself were fast asleep 
in your chair when I first came to your quarters. 
You are more guilty than he is. You are not a 
Judge, you are a murderer! Yes, his murderer! 
If that boy dies I '11 go back home and report you; 
I shall exonerate his name, and the stain of this 
affair will recoil upon your guilty head! 

Judge. — [Brusquely] No one will listen to you. 
They won't believe your fiction. 
[18] 



Nurse. — They will believe me, because I shall 
tell them the truth! They'll curse you, disgrace 
you; they '11 hang you, and all the demons of hell 
will rise up and salute you for killing that inno- 
cent boy and condemning him to a felon's grave! 
Look! look! [Points to the eastern horizon through 
the tent door] The sun is just rising! In another 
minute he '11 be dead! Call to them to halt! Oh 
God, if some of you would only do something, in- 
stead of standing about like stone images! Is 
there no justice in the world? Is this my reward 
for leaving a home of peace and luxury to serve 
my country? 

Judge. — [Angrily j to guard, who has just ap- 
peared at the door] Guard, take this woman out; 
she has lost her reason. [Guard enters and takes 
nurse hy the arm, then turns and salutes Judge] 

Guard. — That messenger is still outside. He 's 
been waiting ten minutes to see you, and he 's 
getting more excited every minute. I told him 
you were busy, but I can't hold him back much 
longer. He says he wants an answer to an impor- 
tant message that was left here on the table while 
you were out last night. It must be something 
awfully urgent. 

Judge. — What important message? I 've seen 
none. [Goes to tahUj fumbles the papers, then picks 
[19] 



up an envelope, tears it open and reads] This is of no 
importance, — what can he mean? Wait — here's 
another. [Takes up another envelope, stares aghast 
at the superscription, then with great agitation, tears 
it open and reads aloud] 

''Dear Dad: — I 've just this moment learned 
of your arrival here, and that you are the new 
Judge Advocate General. I 'm condemned to be 
shot tomorrow at sunrise. For God's sake, come 
to me quick!'' 

Judge. — [To Captain] Why, it 's my own boy I 
Run, run quick! Stop them ! 

[Captain dashes out the door, followed by Judge 
who shouts in a thundering voice, ''halt there! 
HALT there!" As he reaches the door, shots are 
heard in the distance. Nurse screams and reels 
against the table. The Judge, staggering back from 
the door, steadies himself with his hand on the chair, 
repeating hoarsely, "My boy, my boy! My poor 
boy!" Nurse, recovering her composure, looks at 
the Judge half pityingly] 

Nurse. — [Gasping] Your own son! And if 
you had read that message, instead of falling 
asleep in your chair, you could have saved him! 

[Curtain] 
[20] 



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